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05-02-1989 '" . . .. A regular m ting of the Hopkins City Council was held on May 2, 1989 in the Council Chambers of Hopkins City Hall. Present were Mayor Milbert, Councilmembers Anderson, shirley, Kritzler, and Redepenning. Also present were City Staff Rapp, Mielke, Thiel, N. Anderson and ci ty Attorney Jerre Miller. I . CALL TO ORDER Mayor Milbert called the meeting to order at 7:30 p.m. II. PROCLAMATION Mayor Milbert proclaimed the week of May 14 - 20 to be "Homes for the Aging week". III. CONSENT AGENDA 1. APPROVAL OF THE APRIL 18, 1989 REGULAR MEETING 2. APPROVAL OF THE APRIL 11, 1989 COUNCIL WORKSHOP 3. APPROVAL OF DISBURSEMENTS, PRELIST 812 4. APPROVAL OF MISCELLANEOUS LICENSES 5. APPROVAL OF CONTRACT - ELECTRONIC METER READING SYSTEM BID 6. APPROVAL OF CONTRACT - SEALCOATING 7. APPROVAL OF CONTRACT - BAKKE, KOPPE, BALLOU - SOO LINE BRIDGE 8. APPROVAL OF CONTRACT - BRAUN ENGINEERING MATERIAL TESTING - 6TH AVENUE SOUTH 9. APPROVAL OF CONTRACT - HENTGES & SONS FOR DREDGING NINE MILE CREEK Councilmember Shirley requested that Items seven and nine be held until the end of the meeting. councilmember Redepenning also requested that Item eight also be held. Councilmember Shirley and Councilmember Anderson seconded the motion to approve Items One through six. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. IV. OLD BUSINESS (a) CONSIDER ACTION - SECOND READING OF ORDINANCE 89-633 SOLID WASTE MANAGEMENT <0 . May 2, 1989 Page 2 staff recommended Council move for adoption of Ordinance #89-633 for second reading and order published. Councilmember Shirley moved and Councilmember Redepenning seconded the motion to adopt Ordinance #89-633 for second reading and order published. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (b) CONSIDER ACTION - ADOPT LEGISLATIVE POLICY AMENDING SOLID WASTE COLLECTION LEGISLATIVE POLICY Staff recommended that Council approve the amendments to Legislative Policy 7-F regulating solid waste. This action will bring the City'S Solid Waste Collection Legislative Policy into conformance with current practices. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion to adopt Legislative Policy 7-F regulating solid waste. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (c) CONSIDER ACTION - OAKRIDGE FENCE This item was delayed for a short time. (d) CONSIDER ACTION WAIVER OF FEE - M. B. HAGEN FOOD LICENSE Staff recommended adoption of Ordinance 89-635 amending section 600 of the Hopkins City Code. This action would waive the fee for itinerant food establishments operated for charitable purposes or by licensed food establishments. It would also waive the fee for the charitable event sponsored by M. B. Hagen. After a brief discussion Councilmember Redepenning moved and Councilmember Anderson seconded the adoption of Ordinance 89-635 amending section 600 of the Hopkins City Code for first reading and waiving the fee of M. B. Hagen for a charitable event for Muscular Dystrophy. . May 2, 1989 Page 3 A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. V. NEW BUSINESS (a) CONSIDER ACTION - CONDITIONAL USE PERMIT - BLAKE SCHOOL Staff recommended that Council move that the conditional use permit to re-grade Blake athletic fields be approved. The Commission voted unanimously to approve Resolution 89-27 which will allow Blake Schools to upgrade their athletic fields. The up-grading will consist of re-grading and re- surfacing the existing fields. A new parking lot will be added along with an access point on Blake Road. A conditional use permit is required for the moving of 400 cubic yards of earth material.athletic surface Gary Rollers from Blake School appeared before Council to show them the plans and diagrams of the proposed update. He stated that the fence showing in the plan would altered and moved back. Councilmember Redepenning moved and Councilmember Shirley seconded the motion to approve Resolution 89-27 subject to the following conditions: 1. 2. drainage. 3. That the proposed fence around the track must be reviewed by the City Council prior to issuance of a fence permit. Hennepin County grants a driveway permit That the Watershed District approve the proposed A poll of the vote was follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (b) CONSIDER ACTION - SUPER VALU FREEZER ADDITION Staff recommended that Council move to approve the C.U.P. to construct a freezer addition at 101 Jefferson Avenue South. Bob Knutson of Planmark appeared before Council to answer any questions. After discussion Councilmember Anderson moved and Councilmember Shirley seconded the motion to approve Resolution #89-27 approving the C.U.P. to Super- Value May 2, 1989 Page 4 A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. At this time Item number (c) under old business was brought before Council. (C) OLD BUSINESS - CONSIDER ACTION - OAKRIDGE FENCE Staff recommended Council move that Oakridge country Club be allowed to put a fence on the City right-of-way abutting Loring Road on the condition that the Country Club remove the fence at their cost should the City order the fence removed. Marvin Ingber of oakridge Country Club appeared before Council to show them a plan of the proposed fence. He also stated that the Country Club and Bellgrove had come to an agreement concerning the fence. Kathy Anderson of Bellgrove agreed that the plans were acceptable and offered encouragement to the Council to approve the plan. Councilmember Anderson moved and Councilmember Kritzler seconded the motion to approve the building of a fence on the right-of-way abutting Loring Road on the condition that the Country Club remove the fence at their cost should the City order the fence removed. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember sHirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (c) CONSIDER ACTION - PLANS & SPECS - 13TH AVENUE SOUTH Staff recommended the following motion: Move that the plans and specifications for the storm sewer crossing of County Road #3 and l3th AVenue South be accepted and authorize staff to advertise for bids. Acceptance of this motion would allow bids to be solicited for award of contract at the June 6, 1989 Council meeting with substantial completion scheduled for October 15, 1989. Steve Mielke explained to Council that the preliminary plan with an estimated cost of $256,000 had be upgraded to a cost of $500,000 due to additional work needed to build a piling supported structure. . . May 2, 1989 Page 5 After a brief discussion Councilmember Shirley moved and Councilmember Redepenning seconded the motion to approve the plans and specifications for the storm sewer crossing of County Road #3 and 13th Avenue South and authorize staff to advertise for bids. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (d) CONSIDER ACTION "NO TRUCK ROUTE" SECOND AVENUE SOUTH AND FIFTH STREET SOUTH Staff recommended that Council move that 2nd Avenue South and 6th Avenue South between 5th Street South and Seventh Street South, and 5th Street South between 2nd Avenue South and 6th Avenue South be designated as "No Truck" routes for a trial period of one year. The posting will be reviewed at that time. This action will prohibit trucks from using these routes at any time. Local delivery only will be allowed Councilmember Anderson moved and Councilmember shirley seconded the motion to approve the motion to post a "No Truck Route" designation on Second Avenue South and 5th Street South with reviewal in one year. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (e) CONSIDER ACTION - COUNCIL RESOLUTION REGARDING LRT RIGHT-OF-WAY Staff recommended adoption of the following motion: Move to approve Resolution No. 89-32 requesting the Hennepin County Regional Railroad Authority to release the light rail transit right-of-way which runs from County Road #3 to the intersection of 9th Avenue North & First Street North in exchange for the use of 9th Avenue and the County Road #3 boulevard for light rail transit use. Approval of this resolution would allow the staff to work with the Hennepin County Regional Railroad Authority and the Hennepin County staff to attempt to change the northern route of the southwest corridor from running diagonally across the downtown to a north/south route along 9th Avenue. May 2, 1989 Page 6 After discussion Councilmember Anderson Councilmember Shirley seconded the motion Resolution No. 89-32. moved and to approve A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (f) CONSIDER ACTION - APPROVAL OF CITY HANDBOOK Staff recommended approval of the City Handbook and expenditures to cover the cost of the Handbook. Councilmember Kritzler moved and Councilmember Redepenning seconded the motion to approve the City Handbook and expenditures to cover the cost. A poll of the vote was as follow: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (g) CONSIDER ACTION - AD IN LMC MAGAZINE Staff requested information from the Council as to the placing of an ad in the League of Minnesota cities magazine. The City has received a letter from the League asking the City if they would like to place an ad similar to last year's. Councilmember Anderson moved and Councilmember Redepenning seconded the motion to place an ad to promote the City in the League of Minnesota cities magazine. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion unanimously. At this time the items held over from the Consent Agenda were bright forward. (7) APPROVAL OF CONTRACT - BAKKE, KOPPE, BALLOU - SOO LINE BRIDGE . May 2, 1989 Page 7 Councilmember shirley had questions about the additional cost being revised upwards by $8,000. Steve Mielk explained that due to work required by unknown soil conditions, the extra testing and inspections necessary during the fabrication stage and delays caused by the railroad company, BKBM dedicated more time on the proj ect than they had anticipated. Councilmember Shirley moved and Councilmember Anderson seconded the motion to approve Item #7. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (8) APPROVAL OF CONTRACT - BRAUN ENGINEERING MATERIAL TESTING - 6TH AVENUE SOUTH Councilmember Redepenning stated that he was now satisfied with the report. Councilmember Redepenning moved and Councilmember Kritzler seconded the motion that Item #8 be approved. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember Shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. (9) APPROVAL OF CONTRACT - HENTGES & SONS FOR DREDGING NINE MILE CREEK Councilmember Shirley requested more information on Item #9. Steve Mielke informed Council that S. M. Hentges & Sons were the low bidder for the dredging of the pond on Nine Mile Creek for sum of $64,515. This contract will be the last contract to awarded to correct damages caused by the July, 1987 rainstorm. After a brief discussion Councilmember Shirley moved and Councilmember Anderson seconded the motion to approve the contract and award the contract to S . M. Hentges & Sons for the sum of $64,515. A poll of the vote was as follows: Councilmember Redepenning, Aye; Councilmember Kritzler, Aye; Councilmember shirley, Aye; Councilmember Anderson, Aye; Mayor Milbert, Aye. The motion carried unanimously. VI. REPORTS - COMMITTEES/COMMISSIONS . . . .f. May 2, 1989 Page 8 Councilmember Redepenning reported on the Park & Recreation Department. He said the Picnic/Pavilion is coming along and that the Park & Rec Department would meet with the Council very shortly. The Shady Oak parking lot B is also being considered and Council should know more about that soon. Councilmember Kritzler informed council that the Chemical Health commission met with Chief Johnson regarding drugs and alcohol. The Commission is planning a joint program during Raspberry Days with the Police Department to share a booth to offer information to the public concerning these issues. Mr. Rapp asked the Council to approve the following dates for joint meetings with the following groups: May 9th - Regular Workshop Session May 15th Joint meeting with Park and Rec regarding Pavilion/Arena Project nay 22nd - Joint School Board meeting to discuss among items Maetzold Field May 30th - comprehensive Plan The Council agreed to the above meetings. VII. ADJOURNMENT Councilmember Kritzler moved and Councilmember Redepenning seconded the motion to adjourn. The meeting was adjourned by unanimous consent. ~~tted' Pat Gisborne, Deputy City Clerk ~EST: '", !J r--- ~ Donald J. Milbert,